Judge Houston Brown said he would consider a request Monday for a preliminary injunction in each suit, which would keep Witherspoon in office and the school system under state control until the two lawsuits can be decided. (The Birmingham News file)

BIRMINGHAM, Alabama -- A Jefferson County judge today consolidated separate lawsuits filed last week against Birmingham school officials by the city and state school superintendents, and said he would consider requests for preliminary injunctions in both on Monday.

Judges have issued temporary restraining orders in each suit, one reinstating Witherspoon and the other ordering the city school board not to interfere in the state takeover of the school system and its finances that the state school board approved in June.

In his order today, Brown said he would consider a request Monday for a preliminary injunction in each suit, which would keep Witherspoon in office and the school system under state control until the two lawsuits can be decided. Both judges who issued the temporary restraining orders last week said Witherspoon and Bice are likely to win their cases.

Witherspoon contends the school board violated his contract by not giving him a 60-day notice before firing him without cause. The suit also argues the city board had no authority to fire him anyway because of the state takeover. After the vote, Bice ordered Witherspoon reinstated, but school officials locked Witherspoon out of his office the next day until he filed suit and obtained a restraining order.

But lawyers for the school board argue the state does not have power to interfere in powers granted elected Birmingham school officials by the Legislature, including hiring and firing the superintendent. The lawyers also argue that the board majority did not violate Witherspoon's contract, because it voted to put him on a 60-day leave with full pay and benefits, after which the termination would take effect.